RDL 6/2024 (Article 24), as amended by RDL 7/2024. Measures for freelance workers in response to caused damages for the DANA

To those workers that:

• They have the coverage of cessation of activity. To access the provision will not be necessary the requirement of having 12 months of contribution to the contingency of cessation of activity, but yes credit is owed chosen to cover the contingency of cessation of activity.

• Have ceased their self-employed activity, either totally or partially, temporarily or permanently, as a result of the damage caused by the flooding. The total cessation of the activity owes be direct result and immediate of damages suffered for the DANA between on 28 October and on 4 November and provided that the occupation was practiced in some listed municipalities in the annexe of the Royal Decree-Law 6/2024, of 5 November.

Requirements of access to the provision are the ones specific to the ordinary provision of cessation of activity, but with reductions and conditions that establishes the article 24 of the Royal Decree-Law 6/2024, of 5 November.

Contemplating these reductions, requirements of access to the provision would be the next ones: 

1. Be registered in the Special Regime at the time of to produce the fact responsible for. That is, in the date in which the catastrophe was produced, as a result of the DANA, that motivates the definite cessation in the occupation (that it owes happen between on 28 October 2024 and on 4 November 2024).
2. Have private the coverage of cessation of activity.
3. Prove the legal cause of cessation for “force majeure” in agreement establishes the article 24 of the Royal Decree-Law 6/2024, of 5 November. This requires the total or partial cessation of activity directly and immediately resulting from the damage caused by the flooding of 28 October to 4 November, as long as the professional activity was carried out in one of the municipalities listed in the annex to Royal Decree-law 6/2024 of 5 November.
4. If the cessation in the occupation is definite:

• Caused credit cancellation in the Special Regime, to subscribe the agreement of activity (article 3 of the Act 3/2023, of 28 February, of Employment) and to prove active availability for the return to the labour market via training activities, of career guidance and promotion of the entrepreneurial activity to those which can call him the public service of employment of the corresponding Autonomous Community, or where applicable the Social Marine Institute.
• Submit the request to deregister from the Tax Census for Business Owners, Professionals, and Withholders, as well as from the special Social Security scheme in which the applicant is enrolled. If the activity requires the granting of administrative authorisations or licences, the corresponding deregistration request must be submitted, along with confirmation of its approval or, where applicable, the decision to withdraw it.
• Not fulfilled credit the ordinary age to cause right to the contributory pension of retirement, unless the worker did not have accredited the period of required contribution for this.

5. If cessation in the occupation is temporary, not caused credit cancellation in the Special Regime.
6. If the cessation of activity is partial, it will be necessary to demonstrate a 75% drop in income compared to the same period in the previous year, and that monthly income does not exceed the minimum wage or the contribution base previously used (if lower).
7. Be aware of payment of the contributions to the Special Regime (otherwise, the Mutua will invite to put on up to date, in the term improrrogable of 30 days).
8. In the event of having workers in charge, he owe be aware of all Social Security labour obligations with its workers.

This provision appears of following grants:

1. In the event of total cessation of the activity (temporary or permanent): The financial benefit will be calculated at 70% of the average contribution base over the 12 consecutive months immediately prior to the legal cessation of activity, applying the maximum and minimum thresholds based on the IPREM, adjusted according to the number of dependent children.
2. In the event of partial cessation of activity: A financial benefit will be granted, calculated as 50% of the average contribution base during the 12 consecutive months immediately preceding the legal cessation of activity (without applying IPREM maximum and minimum limits).

The benefit for cessation of activity due to force majeure, in any of its forms, may be received until 31 January 2025.

Article 24 of Royal Decree-law 6/2024 of 5 November specifies that eligibility for the benefit requires a minimum contribution period of 12 months preceding the legal cessation of activity. This period will not count towards the maximum entitlement period for future ordinary cessation benefits.

This provision is incompatible with:

• Any other provision of the Social Security Institute that was come receiving or is started to receive, unless the same one was compatible with the activity on a self-employed basis.
• The performance of any other work on a self-employed basis.
• The performance of works as an employee initiated later than the birth of the provision's right for cessation of activity.

On the other hand, yes will be compatible with the works as an employee that were come carrying out before the beginning of the provision's accrued interest for cessation of activity, as long as of the sum of the monthly remuneration average of the last four months immediately prior to the birth of the right and the provision for cessation of activity, result a monthly average amount lower than the amount of the minimum wage in force at the time of the birth of the right.

• Receive aids for paralysation of the fleet.

They will be cause of extinction of the provision:

• Reach the maximum duration planned for the provision.
• In the event that the cessation in the activity is definite, the fulfillment of the ordinary age and of the rest of requirements to access the provision of retirement.
• If the temporary cessation of activity has been requested, deregistration from the Special Regime.
• The death of the payee.

This provision will be able to request until 31 of December 2024, recognising the right, with provisional character, from 29 October 2024.

Presented applications later than 31 December 2024, also will be recognised, with provisional character, from 29 October 2024, but they will discount of the period of perception days that they would have passed between the date in which owe have presented the application (31/12/2024) and the date in which was presented.

In any case, although it does not have supporting documentation of its identity, will always be able to request the provision not to lose the right to the same one.

Under the circumstances exceptional that arising from cause of the devastating effects of the DANA are had, is going to provide the access to the provision with the minimum necessary information that it allows guaranteeing that the deposit of this will be made in favour of the person that holds the title of the activity that it has stopped (although it can not present all the supporting documents of its identity).

Following on from this, we will be able to recognise and to pay the provision when is contributed:

• Application form and declaration of Responsibility .
• Model 145 of data communication of the payer (PERSONAL INCOME TAX) with the exception of Basque Country and Navarre.
• Ownership or joint proprietorship Supporting Document banking.
• Photocopy of the Identity document (DNI-NIE-TIE) or Passport, (for both faces), in the event of having her.

In any other supposition, will not be able to recognise and to pay the provision. In its place, him will request that it contributes supporting documentation that allows verifying its identity and we will stop the resolution of its application of provision lest it loses the right to the same one.

We put at your disposal the via digital that him will provide and will guide in its application.

It will be able to choose her still when she is not person user registrade of our web portal.

The dates initially scheduled to process the payment(*) of these benefits are:

• 29 November.
• 30 December.
• 30 January.

(*) Please note that 1 or 2 days typically pass between the Mutual Society issuing the payment order and your bank processing the payment.